People v. Batista

197 A.D.2d 456, 602 N.Y.S.2d 616, 1993 N.Y. App. Div. LEXIS 9805

Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered April 10, 1991, convicting defendant, upon her guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of AVi to 9 years, unanimously affirmed.

The hearing court properly found the police had probable cause to arrest defendant (see, People v McRay, 51 NY2d 594, 602). The arresting officer testified that he had heard specified details of defendant’s description broadcast over the radio, and that she matched that description (see, People v Lypka, 36 NY2d 210, 213-214; People v Petralia, 62 NY2d 47, 51-52; compare, People v Brodie, 87 AD2d 653 [2d Dept]). This testimony was sufficient to conclude that defendant’s arrest was based on probable cause. Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Rubin, JJ.